The Court directed respondents to proceed with a spot inspection after giving fair opportunity to the petitioner, prohibiting erection of poles on the petitioner's land until further orders.
Direction to respondents to give fair opportunity for spot inspection; prohibition on erecting poles or cables in petitioner's land.
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W.P.No.15080 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.05.2023
CORAM :
THE HONOURABLE MR.JUSTICE P.B.BALAJI
W.P.No.15080 of 2023 and W.M.P.No.14579 of 2023
R.Sampathkumar .. Petitioner
vs
Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondent nos.1 to 3 from erecting electricity poles and overhear electric cables in and through the petitioner's patta land in S.No.393 situated at Kongal Nagaram Village, Udumalpet Taluk, Tiruppur District for providing electricity connection to the private respondent No.4's land in S.No.393/A5 situated adjacent to the petitioner's land.
W.P.No.15080 of 2023
For Petitioner : Ms.S.Yoga Nanthinee For RR 1 to 3 : Mr.L.Jaivenkatesh Standing Counsel for TNEB
ORDER
The writ petitioner has approached this Court seeking issuance of a writ of mandamus to forbear the respondents, viz. , the electricity authorities, from erecting poles or overhead cables through his patta land for providing electricity supply to the fourth respondent, i.e., the private respondent, in S.No.393/A5, which is situated adjacent to the petitioner's land.
W.P.No.15080 of 2023
given to the private respondents' land without affecting much the land belongs to the petitioner at S.No.393.
Department, Pedappampatty locality, has fixed a date for spot inspection. However, in the said letter, it is stated that W.P.No.30212 of 2022 has been dismissed by this Court on 15.11.2022.
W.P.No.15080 of 2023
respondents shall not erect any cables or poles in or through the petitioner's patta land in S.No.393 situated at Kongal Nagaram Village, Udumalpet Taluk, Tiruppur District.
disposed of. There will be no order as to costs. Connected W.M.P. is closed.
Index : Yes/No 10.05.2023 Neutral Citation : Yes/No
drm/cad
W.P.No.15080 of 2023
To:
W.P.No.15080 of 2023
P.B.BALAJI, J.
(drm/cad)
W.P.No.15080 of 2023
10.05.2023
2 issues framed by the court
Whether the respondents should erect electricity poles on the petitioner's land before a spot inspection and fair hearing.
Enforcement of prior court directions regarding notice and inspection for electricity connections.
R. Sampathkumar
The Executive Engineer TANGEDCO (TNEB)
The Assistant Executive Engineer TANGEDCO (TNEB)
The Assistant Engineer TANGEDCO (TNEB)
Kaliammal @ Amsaveni
P.B. Balaji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
